Enforcement

March 21, 2019 — State wildlife investigators announced Tuesday that they’ve wrapped up a two-year investigation targeting what they say is a criminal conspiracy in the spiny lobster fishing industry.

Lobster is Florida’s most valuable commercial fishery, with landings usually worth more than $40 million a year.

Investigators went undercover and conducted surveillance in what they called “Operation Thimblerig.” Thimblerig is another term for shell game.

Three people face felony charges including racketeering, fraud and identity theft.

Investigators say the primary suspect is Elena Reyes, 67, owner and operator of Florida Marine Fisheries Consultant, a business with an address in Palmetto Bay.

She’s accused of cheating the state out of about $200,000 by underreporting the sale price of trap tag transfers. Every commercial lobster trap in Florida is required to have a tag from the state and the number of those tags is limited, making them valuable.

When the tags are sold, the state gets a surcharge, so by underreporting the sale price, Reyes created a “considerable deficit” in the amount the state was owed, according to the FWC.

Investigators say she also stole personal information from about 60 people who hold commercial fishing licenses. That information was used to get a restricted species endorsement for people who would not otherwise have qualified. A restricted species endorsement is special permission from the state required to fish for certain kinds of fish, including spiny lobster.

February 14, 2019 — Small electronic beacons that are being widely used by increasing numbers of fishermen could net them big fines.

Automatic Identification Systems, or AIS, are easily attached to nets, longlines and pots and signal the locations of the gear via a vessel’s navigation system, laptops, or even cell phones.

The inexpensive buoys, which range from $47 to $199 from most online retailers, are regarded as a Godsend by fishermen in the way they help locate gear as well as being a potential money saver.

“If you’re not sitting on your gear with your vessel either on radar or on AIS, somebody can come along that doesn’t think there’s any gear in the water in the absence of an AIS marker and set over the top of you. Or a trawler could potentially come and nail your gear and it could result in substantial financial loses,” explained Buck Laukitis, a Homer-based fisherman and a member of the North Pacific Fishery Management Council.

AIS is required for boats longer than 65 feet and in certain shipping lanes, said Jerry Dzugan, director of the Alaska Marine Safety Education Association. But warning bulletins are advising that other users and sellers are subject to fines of more than $19,000 to $147,000 per day for those who continue to use them.

February 7, 2019 — U.S. Customs and Border Protection announced on Wednesday, 6 February it had issued an order against a vessel from Vanuatu claiming the tuna it was carrying was caught using forced labor.

“The order will require detention at all U.S. ports of entry of tuna and any such merchandise manufactured wholly or in part by the Tunago No. 61,” the CBP statement said. “Importers of detained shipments are provided an opportunity to export their shipments or demonstrate that the merchandise was not produced with forced labor.”

According to a search of the CBP website, the action taken against Tunago No. 61 was the first withhold order it issued this year and the first ever issued against a fishing vessel.

The order took effect on Monday, 4 February. CBP spokesperson Kelly Cahalan told SeafoodSource that the Tariff Act of 1930 bans imports of merchandise or food produced at least in part by forced or indentured child labor, including forced child labor.

“Such products are subject to exclusion and/or seizure, and may lead to criminal investigation of the importer,” she said. “When information reasonably but not conclusively indicates that products of forced labor are being imported, the commissioner of Customs and Border Protection may issue withhold release orders.”

January 30, 2019 — The US Coast Guard has sent a Seattle, Washington-based high-endurance cutter to the South Pacific to join in the fight against illegal, unregulated and unreported fishing.

The cutter Mellon and its crew of 150 left Seattle shortly after Christmas and stopped in Hawaii before venturing on to patrol the waters of the Western Central Pacific Fisheries Commission (WCPFC), the Coast Guard said in a press release.

January 29, 2019 — The U.S. Coast Guard cutter Mellon is in the South Pacific, conducting the kind of law enforcement patrol that isn’t often possible: stopping other nations’ ships on the high seas to ensure compliance with an international treaty.

In the ordinary course of business, a suspect vessel cannot be inspected and searched in international waters unless it either is stateless or the boarding party has the permission of the vessel’s flag state. However, the 43 nations of the Western and Central Pacific Fisheries Commission (WCPFC) have pre-authorized law enforcement units from 13 enforcer nations to board and inspect any WCPFC member’s vessels for compliance with fisheries rules. Any violations found are recorded and reported to the Commission, which notifies the suspect vessel’s flag state.

December 17, 2018 — U.S. prosecutors in Hawaii are accusing the owners and officers of a Japanese fishing boat of helping Indonesian fishermen smuggle nearly 1,000 shark fins, worth about $58,000 on the black market.

It’s against U.S. law to remove the fins of sharks at sea. Prosecutors say the fishermen harvested fins from sharks that were still alive, then discarded their carcasses into the ocean. Fins are a pricey delicacy often used in soups

The boat’s owner, Japanese business Hamada Suisan Co. Ltd., and JF Zengyoren, a Japanese fishing cooperative that the vessel belongs to, were charged with aiding and abetting the trafficking and smuggling of 962 shark fins, the U.S. attorney’s office in Hawaii said. The boat’s captain, fishing master and first engineer were also charged.

December 12, 2018 — The owner and officers of a Japanese-flagged fishing vessel were charged in federal court Tuesday with aiding and abetting the trafficking and smuggling of nearly 1,000 shark fins into and out of Hawaii last month.

During a year-long tuna-fishing expedition, the crew of a Japanese fishing boat —the M.V. Kyoshin Maru No. 20 — allegedly harvested fins from about 300 sharks, at least some species of which are protected under the Endangered Species Act and the Convention on International Trade in Endangered Species.

One of those species, the oceanic white tip shark, has declined in population by about 80-95 percent across the Pacific Ocean since the mid-1990s, according to the National Oceanic and Atmospheric Administration.

According to a U.S. Department of Justice press release, the crew cut the shark fins off, “in some instances while the sharks were stunned but still alive, and discarded the finless carcasses into the ocean,” all under the supervision of the captain and at the direction of the ship’s officers.

The illegally-harvested fins were discovered in the luggage of 10 Indonesian nationals, who had been employed as fishermen on the boat. The Indonesian fishermen had been dropped off from the fishing boat at a port in Honolulu and were intending to catch a flight to Jakarta.

November 30, 2018 — A former captain of one of Carlos “Codfather” Rafael’s fishing boats has been sentenced in Boston federal court for interfering with a U.S. Coast Guard vessel inspection off the coast of Massachusetts.

South Portland, Maine’s Thomas D. Simpson, 57, was sentenced to two years of probation – with the first four months to be served in home confinement with electronic monitoring – in U.S. District Court this week, after pleading guilty in August 2018 to one count of destruction or removal of property subject to seizure and inspection. Simpson was also ordered by the court to pay a USD 15,000 (EUR 13,195) fine, according to a report from WBSM.

The former captain of Rafael-owned fishing vessel Bulldog, Simpson and his crew were engaging in commercial fishing practices on 31 May, 2014, when the U.S. Coast Guard came onboard to conduct a routine inspection of the boat and its equipment.

November 29, 2018 — The former captain of a New Bedford fishing boat owned by Carlos Rafael, a/k/a “The Codfather,” was sentenced today in federal court in Boston for interfering with a U.S Coast Guard (USCG) inspection of a fishing boat off the Massachusetts coast.

Thomas D. Simpson, 57, of South Portland, Maine, was sentenced in U.S. District Court to two years of probation, with the first four months to be served in home confinement with electronic monitoring, and ordered to pay a $15,000 fine. In August 2018, Simpson pleaded guilty to one count of destruction or removal of property subject to seizure and inspection.

Simpson was the captain of the fishing vessel Bulldog, a New Bedford based commercial fishing vessel and one of several fishing vessels owned by Carlos Rafael. On Sept. 25, 2017, Rafael, often referred to as “The Codfather,” was sentenced in federal court in Boston to 46 months in federal prison on a variety of charges related to the operation of his commercial fishing business.

On May 31, 2014, the Bulldog was engaged in commercial fishing off the cost of Massachusetts when the U.S. Coast Guard (USCG) boarded the vessel to perform a routine inspection of the Bulldog and its fishing equipment. At the time of the boarding, the Bulldog’s net was deployed in the water and the crew was actively fishing. The USCG Boarding Officer encountered Simpson in the Bulldog’s wheelhouse and instructed Simpson to haul in the fishing net for inspection. The fishing net is controlled from the wheelhouse by an electric winch, which Simpson activated, but instead of hauling the fishing net onto the vessel, he let out more of the cable which attaches the net to the vessel. When the USCG Boarding Officer realized that Simpson was letting the net out, he instructed Simpson to stop and to haul the net in. Simpson ignored the order and continued to let out cable until the net became detached from the Bulldog and sank.

November 23, 2018 — NEW BEDFORD, Mass. — More than a year after a judge ordered Carlos Rafael to forfeit four fishing vessels, the government will retain only two, according to court documents obtained by The Standard-Times.

Rafael, who is serving a 48-month prison sentence for falsifying fishing quota, tax evasion and bulk cash smuggling, and the government filed a settlement agreement last Friday. Judge William Young filed a final forfeiture order Monday.

According to the order, the Lady Patricia and all its permits as well as the Olivia & Rafaela and its permits must be forfeited to the United States. A total of $306,490 must also be paid to the United States.

As for the other two vessels seized by the government, the Bulldog will be released to B & D Fishing Corp. and Rafael’s wife, Conceicao, and the Southern Crusader II will be released to R and C fishing Corp., Joao Camarao and Conceicao Rafael. Each shared partial ownership with Carlos Rafael.